States apply different material conditions to attract or restrict residence of certain types of migrants. But states can also make use of time as an instrument to design more welcoming or more restrictive policies. States can apply faster application procedures for desired migrants. Furthermore, time can be used in a more favourable way to attract desired migrants in regard to duration of residence, access to a form of permanent residence and protection against loss of residence. This contribution makes an analysis of how time is used as an instrument in shaping migration policy by the European Union (EU) legislator in the context of making migration more or less attractive. This analysis shows that two groups are treated more favourably in regard to the use of time in several aspects: EU citizens and economic- and knowledge-related third-country nationals. However, when it comes to the acquisition of permanent residence after a certain period of time, the welcoming policy towards economic- and knowledge-related migrants is no longer obvious. |
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Tijdschrift | Erasmus Law Review, Aflevering 2 2020 |
Trefwoorden | Migration, EU migration law, time |
Auteurs | Gerrie Lodder |
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Tijdschrift | Erasmus Law Review, Aflevering 1 2020 |
Trefwoorden | age boundaries, right to be heard, child’s autonomy, civil proceedings, neuropsychology |
Auteurs | Mariëlle Bruning en Jiska Peper |
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In the last decade neuropsychological insights have gained influence with regard to age boundaries in legal procedures, however, in Dutch civil law no such influence can be distinguished. Recently, voices have been raised to improve children’s legal position in civil law: to reflect upon the minimum age limit of twelve years for children to be invited to be heard in court and the need for children to have a stronger procedural position. |
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Tijdschrift | Erasmus Law Review, Aflevering 2 2019 |
Trefwoorden | Medical Device Directive, Medical Device Regulation, regulatory, European Union, reform, innovation, SPCs, policy |
Auteurs | Magali Contardi |
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Similar to pharmaceutical products, medical devices play an increasingly important role in healthcare worldwide by contributing substantially to the prevention, diagnosis and treatment of diseases. From the patent law perspective both, pharmaceutical products and a medical apparatus, product or device can be patented if they meet the patentability requirements, which are novelty, inventiveness and entail industrial applicability. However, regulatory issues also impact on the whole cycle of the innovation. At a European level, enhancing competitiveness while ensuring public health and safety is one of the key objectives of the European Commission. This article undertakes literature review of the current and incoming regulatory framework governing medical devices with the aim of highlighting how these major changes would affect the industry at issue. The analysis is made in the framework of an on-going research work aimed to determine whether SPCs are needed for promoting innovation in the medical devices industry. A thorough analysis the aforementioned factors affecting medical device’s industry will allow the policymakers to understand the root cause of any optimal patent term and find appropriate solutions. |
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Tijdschrift | Erasmus Law Review, Aflevering 2 2016 |
Trefwoorden | Supervised release, supervision, sex offenders, dangerousness, safety measures, societal upheaval, proportionality |
Auteurs | Lucía Martínez Garay en Jorge Correcher Mira |
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This article presents an overview of the legal regime provided in the Spanish system of criminal sanctions regarding the control of dangerous sex offenders in the community. It focuses on the introduction, in 2010, of a post-prison safety measure named supervised release. We describe the context of its introduction in the Spanish Criminal Code, considering the influence of societal upheaval concerning dangerous sex offenders in its development, and also the historical and theoretical features of the Spanish system of criminal sanctions. We also analyse the legal framework of supervised release, the existing case law about it and how the legal doctrine has until now assessed this measure. After this analysis, the main aim of this article consists in evaluating the effectiveness and the proportionality of the measure, according to the principle of minimal constraints and the rehabilitative function of the criminal sanctions in Spanish law, stated in Article 25.2 of the Spanish Constitution. |
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Tijdschrift | Erasmus Law Review, Aflevering 1 2016 |
Trefwoorden | Criminalisation of youth hanging around, culture of control, immigration and discrimination |
Auteurs | Thaddeus Muller |
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The focus in this article is the ‘criminalisation’ of youth hanging around with the emergence of bans on hanging around. A critical social constructivist approach is used in this study, which draws predominantly on qualitative primary data collected between the late 1980s and 2010s. The article compares indigenous with immigrant youth, which coincides with, respectively, youth in rural communities and youth in urban communities. This study shows that there is discrimination of immigrant youth, which is shaped by several intertwining social phenomena, such as the ‘geography of policing’ – more police in urban areas – familiarity, sharing biographical information (in smaller communities), and the character of the interaction, normalising versus stigmatising. In further research on this topic we have to study (the reaction to) the transgressions of immigrant youth, and compare it with (the reaction to) the transgressions of indigenous youth, which is a blind spot in Dutch criminology. |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2012 |
Auteurs | Marios Koutsias en Chris Willett |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2012 |
Auteurs | Bert Keirsbilck |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2010 |
Auteurs | Alessandra Arcuri |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2010 |
Auteurs | Bernd van der Meulen |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2010 |
Auteurs | Tetty Havinga |
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Tijdschrift | Erasmus Law Review, Aflevering 2 2009 |
Auteurs | Charles Vlek |
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